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PHILLIPS v. TOBIN

Nos. 888, 889, 890, 891, Dockets 75-7677, 75-7681, 76-7044, 76-7045.

548 F.2d 408 (1976)

Randolph PHILLIPS, Plaintiff-Appellee, v. John E. TOBIN et al., Defendants-Appellants, Ralph K. Gottshall et al., Defendants, and Alleghany Corporation, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 16, 1976.

Attorney(s) appearing for the Case

William E. Hegarty, New York City (Cahill Gordon & Reindel, Richard Schumacher and John A. Shutkin, New York City, of counsel), for defendant-appellant Alleghany Corp.

Robert J. Geniesse, New York City (Debevoise, Plimpton, Lyons & Gates, Samuel E. Gates, New York City, of counsel), for defendants-appellants John E. Tobin, Fred M. Kirby, Allan P. Kirby, Jr. and John J. Burns, Jr.

Randolph Phillips, pro se.

Before WATERMAN and MESKILL, Circuit Judges, and BARTELS, District Judge.

BARTELS, District Judge:

This is an appeal by the defendants Alleghany Corporation ("Alleghany") and individual directors thereof pursuant to 28 U.S.C. § 1291 from an order of the United States District Court for the Southern District of New York (Ward, J.) denying defendants' motion to dismiss the plaintiff's pro se complaint upon the ground of plaintiff's disqualification. The complaint alleges a derivative action on behalf of defendant Alleghany...

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